Minnesota mayor receives reduced drunk driving sentence, keeps job

A Minnesota mayor recently received a reduced sentence from 60 days in jail to three days of community service, following an arrest for drunk driving. The man struck two cars while driving in the Minneapolis metro area on Interstate 394 before being stopped by police. Having avoided incarceration the mayor should be able to continue to perform his duties, and according to a report in the Star Tribune does not intend to step down.

The mayor was also fined $100.00 for having an open alcoholic beverage at the time, a bottle of vodka. The drug test on the scene registered him as having a blood alcohol level of 0.24 but the official test while he was in custody showed a level of 0.12. The legal blood alcohol limit in Minnesota is 0.08.

When asked to explain his behavior, the Minnesota mayor cited various severe problems that had occurred in his life, including several deaths in his family (including two murders) and an upcoming business trip that was causing an elevated level of stress and concern.

The judge hearing the case remarked that she sees a great deal of first time drunk drivers in her court only once – most are too scared or embarrassed to attempt to drive intoxicated again, explaining her reduced sentence.

Many arrested for drunk driving are not repeat offenders who have been arrested and brought into a court room before, rather it is often the first serious interaction with law enforcement and the criminal justice system. It is important to clearly understand your rights, the charges against you, and the potential consequences that can go beyond just the sentence from the court.

Source: Star Tribune “Mankato mayor avoids jail time” Abby Simons, April 5, 2011

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.